Decision No. 71/2013/QD-TTg Issuing National Radio Frequency Spectrum Plan

 Pursuant to …;

Issuing the National Radio Frequency Spectrum Plan

Pursuant to the Law on Organization of the Government dated December 25, 2001;

WHEREAS, the Law on Radio Frequency Spectrum dated November 23, 2009;

At the proposal of the Minister of Information and Communications;

The Prime Minister issues the National Radio Frequency Spectrum Plan.

Article 2. Scope of Application

The National Radio Frequency Spectrum Plan applies to organizations and individuals involved in managing and using radio frequency spectrum; organizations and individuals producing, trading, importing radio equipment, and wave application devices for use in Vietnam.

The National Radio Frequency Spectrum Plan stipulates the division of the radio frequency spectrum into bands for various radio services and specifies the purposes and conditions for their use.

Article 3. Objectives of the Plan

1. The National Radio Frequency Spectrum Plan aims to develop modern, synchronized, and long-term stable radio communication networks, in line with international development trends, to meet information needs for economic and social development, national defense, and security, contributing to the industrialization and modernization of the country and its integration into the international economy.

2. The National Radio Frequency Spectrum Plan serves as a basis for ministries, sectors, organizations, and individuals to guide research and development, production, importation, installation, and operation of radio equipment on Vietnamese territory.

Article 4. Allocation of Radio Frequency Spectrum for National Defense, Security, and Economic-Social Purposes

1. Based on the National Radio Frequency Spectrum Plan, the Ministry of Information and Communications shall take the lead and coordinate with the Ministry of National Defense and the Ministry of Public Security to propose detailed allocation plans for radio frequency spectrum for national defense, security, and economic-social purposes during peacetime to be submitted to the Prime Minister for decision.

2. Priority shall be given to allocating radio frequency spectrum for national defense and security purposes to apply radio technologies that efficiently utilize the spectrum and align with international development trends.

3. During peacetime, priority shall be given to allocating globally used frequency bands for economic-social purposes to serve economic-social objectives.

Article 5. Responsibilities of Ministries, Agencies Equivalent to Ministries, and Provincial People's Committees

1. The Ministry of Information and Communications, based on the National Radio Frequency Spectrum Plan, shall have the responsibility to:

b) Take the lead and coordinate with the Ministry of National Defense and the Ministry of Public Security to develop band distribution schemes for national defense and security purposes for each period to be submitted to the Prime Minister for decision;

c) Organize guidance on the implementation of the National Radio Frequency Spectrum Plan and specific frequency spectrum plans and regulations as stipulated in Point a of this Clause.

3. Ministries and agencies equivalent to ministries, within their respective duties and powers, shall have the responsibility to coordinate with the Ministry of Information and Communications to ensure relevant regulations, plans, and development programs related to economic and social activities, security, and national defense comply with the National Radio Frequency Spectrum Plan and specific frequency spectrum plans as stipulated in Point a of Clause 1 of this Article.

4. Provincial People's Committees, within their respective duties and powers, shall have the responsibility to coordinate with the Ministry of Information and Communications to guide and inspect the implementation of the National Radio Frequency Spectrum Plan and specific frequency spectrum plans as stipulated in Point a of Clause 1 of this Article within their localities according to their level of authority.

Article 6. Responsibilities of Organizations and Individuals Using Radio Frequency Spectrum

Organizations and individuals using radio frequency spectrum shall have the responsibility to:

1. Use the spectrum for designated radio services and under the conditions specified for each band in the National Radio Frequency Spectrum Plan and other laws governing radio frequency spectrum.

2. Implement frequency conversion for radio equipment and wave application devices used before the National Radio Frequency Spectrum Plan took effect if they no longer comply with the Plan. Conversion shall be carried out in accordance with current legal provisions and specific guidelines issued by the Ministry of Information and Communications.

Article 7. Responsibilities of Organizations and Individuals Producing, Trading, Importing Radio Equipment, and Wave Application Devices

Organizations and individuals producing, trading, and importing radio equipment and wave application devices for use in Vietnam (except for temporary import-reexported equipment and equipment for technology demonstration at exhibitions and trade fairs) shall have the responsibility to ensure that radio equipment and wave application devices have operating bands and technical features suitable for designated radio services and usage conditions as specified in the National Radio Frequency Spectrum Plan and other laws governing radio frequency spectrum.

Article 8. Implementation Provisions

1. This Decision takes effect from January 15, 2014, and replaces Decision No. 125/2009/QĐ-TTg dated October 23, 2009, of the Prime Minister.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government are responsible for implementing this Decision./.